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CUMMINGS v. SIMMONS

Nos. 4-87-0571, 4-87-0614 cons.

167 Ill. App.3d 544 (1988)

521 N.E.2d 634

KAREN CUMMINGS, Adm'x of the Estate of Morris Cummings, Jr., et al., Plaintiffs-Appellees, v. RICHMOND H. SIMMONS et al., Defendants (Passavant Area Hospital Association, Defendant-Appellant). — KAREN CUMMINGS, Adm'x of the Estate of Morris Cummings, Jr., et al., Plaintiffs-Appellees, v. RICHMOND SIMMONS et al., Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

Opinion filed March 30, 1988.

Attorney(s) appearing for the Case

John C. Shepherd and Kathleen L. Pine, both of Shepherd, Sandberg & Phoenix, P.C., of St. Louis, Missouri, for appellant Passavant Area Hospital Association in Jacksonville, Illinois.

Delmer R. Mitchell and Mark P. Miller, both of Schmiedeskamp, Robertson, Neu & Mitchell, of Quincy, for appellants.

Gary E. Peel, of Edwardsville, and Marc P. Weinberg, of Goldenhersh Law Offices, of East St. Louis, for appellee.

Reversed and remanded.

JUSTICE SPITZ delivered the opinion of the court:

On July 28, 1987, the circuit court of Morgan County granted plaintiff Karen Cummings' motion to voluntarily dismiss her complaint pursuant to section 2-1009 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1985, ch. 110, par. 2-1009). Defendants, Drs. Richmond Simmons, Robert M. Roy, Jr., and Lemuel G. Villanueva, Jacksonville Ob-Gyn Associates, S.C. (Jacksonville Associates),...

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